Successful Claimant’s ET fees to be paid by the Government, not the Respondent

An ET sees no reason to order a Respondent to reimburse the tribunal fees paid by a successful Claimant as the fees have been quashed by the Supreme Court and they should be refunded by the Government.

In A v B, the Claimant was summarily dismissed for gross misconduct. An ET upheld his claim that he had been wrongfully and unfairly dismissed. At the remedy hearing the Respondent was ordered to pay a basic award of £9,180 and a compensatory award of £74,200. However, the ET declined to order the Respondent to reimburse the Claimant’s ET fees. According to the ET, as the Supreme Court had held that it was unlawful for the Government to have levied fees, the Claimant is entitled to be refunded by the Government. There was no reason to order the Respondent to indemnify the Claimant for his Employment Tribunal fees as he will be able to recover them.


This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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